The employee of the insured company could not pursue breach of contract and bad faith claims against his employer’s insurer after being injured by an uninsured motorist. Travelers Prop. Cas. Co. of Am. v. Kelly, 2026 U.S. Dist. LEXIS 134948
Insurance Law Hawaii
A commentary on insurance coverage issues in Hawaii and beyond
Insurance Law Hawaii is a blog published by Damon Key Leong Kupchak Hastert that focuses on legal issues related to insurance coverage and disputes, particularly within the context of Hawaii law. The blog covers topics such as insurance claims, duty to defend and indemnify, policy exclusions, liability insurance in construction and subcontractor contexts, and coverage litigation. It also addresses developments in insurance law arising from significant local events, including natural disasters. The blog provides analysis of court decisions impacting insurance coverage and offers insights into practical insurance law matters relevant to attorneys, insurers, and insured parties in Hawaii.
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Generic Complaint Alleging Bad Faith is Insufficient
The federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S.…
Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value
The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S.…
Late Notice Bars Insured’s Claim for Water Leak Damage
The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026).
Global suffered water…
Dismissal, In Part, of Insurer’s Declaratory Relief Action on Duty to Defend is Not Final, Appealable Order
The Eleventh Circuit found it lacked jurisdiction to consider the insurer’s appeal of a motion to dismiss its declaratory relief action seeking a ruling it had no duty to defend. Northfield Ins. Co. v. North Brook Industries, Inc., 2026 U.S.…
Substantial Performance Does Not Defeat Policy’s Suit Limitation Provision
The Second Circuit affirmed the district court’s judgment denying the insured’s claim because it was untimely under the policy’s suit limitation provision. Amaro Food Enterprises Inc. v. Liberty Mut. Ins., 2026 U.S. App. LEXIS 14035 (2nd Cir. May 15, 2026).…
No Bad Faith Despite Insurer’s Appraisal Award Exceeding Initial Payment
The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am.,…
Appraisal Appropriate Where Parties Disagree on Amount of Loss Despite Unresolved Coverage Issues
The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8,…
Suit Limitation Provision Eliminates Wind Loss Claim
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108…
Colorado Court Addresses Cooperation Clause and Exhaustion of Auto Policies
The Colorado Supreme Court encountered issues regarding the insured’s duty to cooperate and the exhaustion requirements in auto policies. USAA v. Wenzell, 2026 Colo. LEXIS 283 (Colo. April 27, 2026).
In 2017, Anthony Wenzell was rear-ended while driving. He had…